Article I, Section 3, Clause 2

…year; and of the third claſs, at the expiration of the ſixth year; ſo that one third may be choſen every ſecond year: And if vacancies happen by reſignation, o• otherwiſe, during the receſs of the Legiſlature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legiſlature, which ſhall then fill ſuch vacancies.

The paragraph prints Article I, Section 3, Clause 2 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.

…the Senators are to be choſen by the Legiſlatures of the reſpective States, who ſurely are competent judges of thoſe who are moſt capable of filling this important office: Notwithſtanding one third of them are re-choſen every two years: Yet the enemies to the Conſtitution affect to call this an ariſtocratic body: And endeavour to excite viſionary fears in the minds of men, that they will form a…

The paragraph says one third of the Senators are chosen every two years, which is the classing of senators in Article I, Section 3, Clause 2.

The senators are to be chosen for the period of six years; there is to be a rotation, by which the seats of a third part of them are to be vacated and replenished every two years; and no State is to be entitled to more than two senators; a quorum of the body is to consist of sixteen members.

Describes the rotation of this clause, by which the seats of "a third part" of the senators are vacated "every two years," echoing "one third may be chosen every second Year."

It is distinguished, also, by the remarkable prerogative of filling up its own vacancies within the term of its appointment, and, at the same time, is not under the control of any such rotation as is provided for the federal Senate.

Contrasts Maryland's senate with the "rotation as is provided for the federal Senate"; the plan's rotation of senators is the division into three classes in this clause.

Nor has the convention discovered less prudence in providing for the frequent elections of senators in such a way as to obviate the inconvenience of periodically transferring those great affairs entirely to new men; for by leaving a considerable residue of the old ones in place, uniformity and order, as well as a constant succession of official information will be preserved.

Credits the convention with providing for elections of senators that leave "a considerable residue of the old ones in place." Low because the paragraph describes the arrangement without naming the clause or using its words.

I mean the power of filling casual vacancies in the Senate.

Names "the power of filling casual vacancies in the Senate," which it says the plan gives "EXPRESSLY" to the State executives; the tenth paragraph quotes this clause for that power.

…the house of representatives, who are to be chosen by the people, and sextennial for the senate, who are to be chosen by the legislatures of the different states, and have given to the executive the unprecedented power of making temporary senators, in case of vacancies by resignation or otherwise, and so far forth establishing a precedent for virtual representation (though, in fact, their original appointment is virtual), thereby influencing the choice of the legislatures, or if they should…

The paragraph names the provision for temporary appointments of senators by the executive "in case of vacancies by resignation or otherwise".

…bled ( (two-thirds of each Ilou sc concurring therein), That in lieu of the first paragraph of section 3 of Article I of the Constitution of the United States, and in li e u of so much of paragraph 2 of the same section as relates to the filling of vacancies, and in lieu of all of paragraph 1 of section 4 of said Article I, m so far as the same relates to any authority in Congress to make…

The joint resolution names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

be proposed to the lefo-islatures of the several States, which, when ratified by three-fourths o said le gislatures, shall become and be a part of the Constitution, namely: In lieu of the first and second paragraphs of sect ion 3 of Article I of the Constitution of the United States of America the following shall be prtJposed as an amendment to the Constitution:

The substitute names "the first and second paragraphs of section 3 of Article I of the Constitution" as the paragraphs its amendment is to replace; this is the second of them.

when ratified by tl.J.r ee -fom·th s of said l e gislatur e s, shall become and be a part of the Constitution, namely : In li e u of the first and second paragraphs of section 3 of Article I of tho Constitution of the United States of America, th e following shall be proposed ns an amendment to the Constitution:

The substitute names "the first and second paragraphs of section 3 of Article I" of the Constitution as the paragraphs its amendment is to replace; this is the second of them.

…be proposed to the le g islntun :s of the several States, which, when ratified by three-fourths of said legislatures, shall become and l>e a part of the Constitution, namely: In lieu of the first and second paragraphs of section 3 of Article I of the Co n­ stitution of the United States of America, the following shall be proposed as an amendment to the Constitution : 1 " • SEC.

The substitute names "the first and second paragraphs of section 3 of Article I" of the Constitution as the paragraphs its amendment is to replace; this is the second of them.

"That in lieu of the first paragraph of section 3 of Article I of the Constitution of the United States, and in lieu of so much of paragraph 2 of the same section as relates to the filling of vacancies, the following be proposed as an amendment to the Constitution, which shall be valid to all intents and purposes as part of the Constitution when ratified l>y the legislatures…

The joint resolution names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

…Congress assembled (two-thirds of each House con.- curring therein), That in lieu of the first paragraph of section 3 of Article r of the Constitution of the United States, and in lieu of so much of paragraph 2 of the srune · section as relates to the filling of vacancies, and in lieu of :ill of paragraph 1 of section 4 of said Article I, in so far ns the srune relates to any authority in Congress to make…

The joint resolution names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

• • • And if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until. the next .meeting of the legislature, which shall then fill such vacancies. • • •

The paragraph quotes the end of Article I, Section 3, Clause 2, on vacancies.

'rhis amendment was in lieu of the first paragraph of section 3, Article I, and in lieu of so much of paragraph 2 of the same section as relates to the filling of vacancies, and in lieu of all of paragraph 1 of section 4, Article I, in so far as the same relates to any authority in Congress to make or alter…

The speaker says the amendment was in lieu of "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

…Congress assembled (two-thirds of each Ho-use 1 conqu1nnu therein), That m lieu of the first paragraph of section 3 of Article I of the Constitution of the United States, and in lieu of so much <?f paragraph 2 of the same section as relates to the filling of , vacancies, and m lieu or all o.t paragraph 1 of section 4 of said Article I, m so far ~s the same relates to any authority in Congress to make…

The joint resolution names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

That in lieu of the first paragraph of section 3 of Article I of the Constitution of the United States, and in lieu of so much of paragraph 2 of the same section as relates to the filling of · vacancies the following be proposed as an amendment to the Constitution, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of…

The committee's substitute names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

…Congress assembled (two-thirds of each House concurring therei n), That in lieu of the first paragraph of section 3 or Article I of the Constitution of the United States, and in lieu of so much of paragraph 2 of the same section as relates to the filling of vacancies, and in lieu of all of paragraph 1 of section 4 of said Article I, in so far as the same relates to any authority in Congress to make…

The minority report, printed in the Record, gives the joint resolution, which names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

…assembled Ctwo-thwds of e11ch Hou1te concurring therein I, That in lieu of the first paragraph of m;ection 3 of A rticle I of the Constitution of the United States, and In lieu of so much of paragraph 2 of the same section as relntes tel the Alling of vacancies, the following be proposed as an amendment te the Constitution.

The minority report, printed in the Record, gives the resolution it recommends, which names "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

And if vacancies happen by resignation, or otherwise, during the re-. cess of the le g islature of any State, the execu t i v e th e reof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies .

The paragraph quotes the end of Article I, Section 3, Clause 2, introduced as what "The Constitution as it now reads, referring to vacancies in the Senate, says".

That is practically the same provision which now exists in the case of such a Tn.cn.ncy. The governor of the State may appoint a Senator until the legislature elects. l\Iy amendment provides that the legislature may empower the governor of the State to appoint a.

The speaker describes the provision "which now exists" for a vacancy in the Senate, that the governor may appoint until the legislature elects, which is Article I, Section 3, Clause 2.

of so much of paragraph ~ of the same section a . s relates to the ' filling of vacancies, and in heu of paragraph 1 of section 4 of said article, in so far as the same relates t.o any authority in Congress to.

The speaker reads the joint resolution, which names "so much of paragraph 2 of the same section" (section 3 of Article I; the number is lost to OCR) "as relates to the filling of vacancies".

I admit that, because it pro- ceeds to say that Hin lieu of the first paragraph of section 3 of Article I of the Constitution af the United States, anti i n lieu of so much of paragraph 2 of the same'section as relates to the filling of vacancies, and in lieu of all of paragraph 1 of section 4 of said Article I," in so far as it relates to another subject.

The speaker quotes the joint resolution's words naming "so much of paragraph 2 of the same section" (section 3 of Article I) "as relates to the filling of vacancies".

This construction is suffi.ciently doubtful however, and the term 'immediately' is sufficiently vague, even though used also in article I, section 3, clause 2 of the Constitution, that the committee may wish to consider adding certainty by including more precise language in section 5 or by taking action looking toward the making of approximate…

The paragraph cites Article I, Section 3, Clause 2 of the Constitution by number.